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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Arrears payment in full


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Your mother is under no obligation to show them anything !! if she chooses to give you the money as a gift to help you out of a situation then that is her business. Lots of parents help their children out when they are struggling !

 

I've just rung Rooftop to try and get the details for you but they say they have different bank account numbers depending on the type of mortgage so I couldn't get anywhere. I'm afraid you'll have to ring them and ask for their bank details so you can make a payment via your bank - don't get into any discussion about how much you are paying or when or indeed anything to do with your arrears - just say you're not sure yet but will be making a payment soon.

 

Let us know when you have done this and we can advise further regarding the court hearing on 2nd August.

 

If there are no arrears then there can be no possession

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They are being downright ridiculous! what exactly did you say to them ?

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  • 1 year later...

Can you print off a copy of your bank account balance before you go to court? What time is your hearing?

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You need to let the judge know all this - what did you put in Q10 of your N244? you did keep a copy didn't you?

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You need to take a written statement with you to hand to the judge in the hearing - if you need help with writing one, please let me know and I'll draft one for you.

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Ok, do you have a printer at home?

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OK, just need a little background before I can complete the statement - stay with me on this thread as I will be asking for information:

 

1. Is the mortgage only in your name?

2. Are there any children living in the property?

3. What was the reason for the arrears?

4. Did you attend the original hearing for possession? I assume there is a suspended possession order, what were the terms of the order?

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Affixed is the statement for court - you need to fill in the information at the top of the statement where there are XXX's the info you need will be on the eviction warrant. You also need to put the transaction number you will get from the lender in the morning when you make payment.

 

Print out 3 copies of the statement and sign.

 

When you get to the court ask if there are any free legals on duty - lots of courts have them on repo hearing days and they can accompany you into the hearing and support your case.

 

When you get into the hearing, wait until the judge has finished opening and then say "Sir(or Madam), please may I give you further information" and then hand over the statement, then hand one to the representative for the lender.

LSD Statement for court.doc

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You're welcome - don't forget to come back and let us know the good news :)

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Great result - well done:)

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